Sachin Ganpat Shirke vs State Of Maharashtra And Ors
2021 Latest Caselaw 779 Bom

                                                                          (1) WPST-92778-20.doc

BDP-SPS

   Bharat

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
   D.
   Pandit
  Digitally signed



                                         CIVIL APPELLATE JURISDICTION
  by Bharat D.
  Pandit
  Date: 2021.01.14
  11:25:09 +0530




                                      WRIT PETITION (ST) NO. 92778 OF 2020
                                                      A/W
                                   INTERIM APPLICATION (ST) NO.93438 OF 2020


                     Sachin Ganpat Shirke                        .... Petitioner.
                           V/s
                     State of Maharashtra and Ors.               ..... Respondents.
                     ----
                     Mr. Laxman Venkatesan for the Petitioner.
                     Mr. Manoj Pargonda A. Patil for Respondent No.2
                     Mrs. V.S. Nimbalkar, AGP for the State.
                     ----

                                         CORAM: NITIN W. SAMBRE, J.

                                          DATE:    JANUARY 13, 2021

                     P.C.:-

                     1]       The Petition questions a decree passed in Suit No. 4137 of 2010

passed by the City Civil Court, Bombay. From the record it depicts

that the said decree was a subject matter of challenge in First Appeal

(Stamp) No.11204 of 2017 which proceedings were withdrawn by the

Petitioner, though the first appellate court granted liberty to file the

writ petition. However, the fact remains that against the judgment

and decree impugned in the Petition, writ petition is not maintainable.

(1) WPST-92778-20.doc

2] As such, Petition stands dismissed as withdrawn. However, this

will not preclude the Petitioner from taking such steps as are

permissible and available in law against the decree under challenge in

the Petition.

3] As a consequence of above pending Interim Application also

stands disposed of.

( NITIN W. SAMBRE, J. )